Terms & Conditions

CONDITIONS OF SALE

1. GENERAL
(a) Hales Sawmills is the agent of the seller for the purpose of entering into the contract to which these conditions relate and for the collection of all moneys payable by the Buyer pursuant
to the contract to which these conditions relate.
(b) “The Seller” means Hales Sawmills Limited
(c) “The Buyer” means the person named as a customer overleaf.
(d) All tenders for goods, products, materials or equipment to be supplied by the seller and all orders for the same placed with the seller shall be subject to the following express terms and
conditions, which shall apply notwithstanding any conditions to the contrary in conditions published by the buyer and described as conditions relating to purchase of goods by the buyer
(which, so far as they are inconsistent with these Conditions shall be deemed to be waived, whether notified to the seller before or after the seller’s issue of these conditions to the
Buyer)
2. QUOTATIONS
(a) All quotations are subject to withdrawal without notice, and are subject to availability of goods on receipt of the Buyer’s acceptance of tender or order.
(b) All quotations are based on the current cost of production and are subject to amendment without notice on or after acceptance.
(c) All prices quoted are exclusive of Value Added Tax.
(d) The commencement of all contracts is dependent upon prior agreement of delivery dates.
3. PRICE
(a) The price payable for goods supplied shall be that ruling at the date of delivery, unless quoted firm for a specified period (conditional upon delivery within such period). All prices shall
be subject to Value Added Tax as applicable.
(b) All prices quoted make no allowance for the additional cost of stress grading unless otherwise specifically stated.
4. PAYMENT
(a) Payment in full shall be made to Hales Sawmills LTD, Nett Monthly from the date of invoice, without any set-off.
(b) The seller shall be entitled to charge interest on overdue amounts at the rate of 4% per annum above the base rate of the Bank of England.
(c) In the case of orders involving more than one delivery, if default is made within the due period for any one delivery, the seller shall be entitled, at its option, to treat the contract as
repudiated by the buyer and to claim damages accordingly.
5. DELIVERY
(a) Where the contract provides for a single delivery, goods shall be delivered and accepted as soon as ready, unless specifically agreed otherwise in writing by the seller.
(b) While the seller shall use its reasonable endeavours to complete deliveries as specified in the contract, no guarantee as to dates of delivery by the seller shall be implied and the seller
shall not incur any liability for any loss or damage resulting from delay in delivery, howsoever caused.
(c) No failure or defect in any one delivery shall entitle the Buyer to repudiate the contract as regards remaining deliveries.
(d) When the Seller has agreed to deliver to the buyer’s site, delivery shall only be made to a position on a good hard surface as near the Buyer’s site as is accessible by a good hard road.
The buyer shall be responsible for unloading the goods with its own labour and without delay. Hales Sawmills will not be held responsible for any damage caused to any surface when
an offload facility is used.
(e) Should delivery of goods be required sooner than the dates agreed for delivery the seller shall be entitled to charge a surcharge sufficient, in its absolute discression to meet the
additional costs incurred in producing and delivering the goods within such time.
6. QUANTITY
The Seller shall be treated as having duly executed any order notwithstanding that the quantity of goods delivered falls short of or exceeds the quantity ordered by not more than 10%
provided that the price shall be adjusted in proportion, and the buyer shall be bound to accept the goods so delivered and to pay the adjusted price therefore.
7. QUALITY
(a) All goods are supplied subject to the Timber Trade Warranty Clause, vis – goods are not tested or sold as fit for any particular purpose. Any term, warranty or condition, express,
implied or statutory, to the contrary is hereby excluded. In no circumstances whatsoever shall the seller’s liability (whether in contract, tort, delict or otherwise) to the buyer arising
under, out of or in connection with the contract or the goods supplied exceed the invoice price of the particular piece(s) in regard to which a claim is made.
(b) While the seller shall use its reasonable endeavours to supply goods in accordance with the quality of the samples supplied or quoted for and of a consistent quality, no guarantee,
warranty or condition that the goods will correspond with any sample in quality is given and any term to the contrary whether express or implied is excluded.
(c) Should the delivery of goods be required sooner than the normal time needed for proper production, the seller shall use its reasonable endeavours to secure freedom from defect, but
no guarantee of freedom from defect is given.
8. CLAIMS
(a) No claim or complaint for shortage, damage or defect in or to goods supplied will be considered by the seller unless notification in writing is received by the seller within 7 days of
delivery or such shorter time as will enable the seller to notify the carrier within such time limit as may be specified in the contract of carriage. Returned goods shall not be accepted
unless the seller or its representative shall first have an opportunity to examine the same.
(b) The absence of any claim or complaint within the above period shall be conclusive evidence in any proceedings that the seller has fully discharged all its obligations under the contract
and, in particular (but without limitation), that the goods delivered are in conformity with the contract in all respects.
9. THIRD PARTY LIABILITY
The seller shall be under no liability in any respect of damage or loss to third parties caused directly or indirectly by the goods supplied in any way (Whether in contract, tort, delict or
otherwise) whatsoever and the Buyer shall at all times indemnify the Seller against any such liability.
10. PASSING OF PROPERTY AND RISK
(a) Risk of loss or damage to the goods shall pass to the buyer upon delivery.
(b) Notwithstanding that the buyer or his agents obtain possession of the goods, all such goods shall remain the property of the seller until the seller has received in cash or cleared funds
payment in full for such goods and any other goods supplied by the seller under this contract or any other contract and the seller shall be entitled to all rights of access to the buyer’s
premises to enforce its rights hereunder.
(c) If the buyer does not pay on the due date for payment or is any of the events specified in clause 12 occurs, the seller may (without prejudice to any of its other rights) sell or otherwise
deal with or dispose of the said goods in such manner as it may deem fit.
(d) Until payment in full is made the buyer shall store the goods separately and mark them to indicate that they are the property of the seller.
11. TERMINATION OF CONTRACT
An order once placed cannot be cancelled except by mutual agreement and then only upon terms which would fully indemnify the seller.
12.
Notwithstanding that the buyer or his agents shall obtain possession of the goods supplied under any particular contract, all such goods will remain the property of the seller until the
seller has received in cash or cleared funds payments in full for such goods, and the seller shall, in the event of default in payment be entitled to all rights of access to the buyer’s
premises to recover such goods.
13. FORCE MAJEURE
The seller shall be entitled to vary or cancel performance of any contract if due performance shall become impossible owing to any act of God, fire, flood, drought, tempest, insect or
fungicidal attack or any other cause beyond the control of the seller or owing to any inability of the Seller to procure goods, materials or articles required for such due performance, and
the seller shall incur no liability (whether in contract, tort, delictor otherwise) for any damage or loss caused by or arising, directly or indirectly, out of such variation or cancellation.
14. ASSIGNMENT
The Buyer shall not assign the contract in whole or in part without the written consent of the seller.
15. ARBITRATION
Any dispute under or in connection with any contract either during, or after the performance of the contract shall be referred to any arbitrator or arbitrators to be appointed, failing
agreement between the parties, by the president of the law society for the time being: the decision of such arbitrator or arbitrators, shall be final and binding upon both parties. Such
submission shall be a submission to Arbitration within the Arbitration Acts 1950, 1975, and 1979 or any statutory modification or re-enactment thereof for the time being n force.
16. PROPER LAW
The contract shall be governed by the Laws of England and Wales